No deadline for La Vergne police internal investigation

Two months after footage that seemed to show police officers striking a man pinned to the ground surfaced, authorities still do not have an estimate on when an internal affairs investigation will be complete.

Mario Ticas of La Vergne was arrested May 24 after officers left a DUI checkpoint to respond to a complaint about a fight in an apartment complex parking lot, said La Vergne Police Chief Mike Walker in an interview with The DNJ a few days later.

In cellphone video taken by a witness and surveillance footage, two officers appear to be striking Ticas while he is on the ground before ordering a K-9 to bite him.

Some witnesses and people on social media accused the officers of excessive force, Walker said, adding an internal investigation was needed to check the claims. Which agency is responsible for the investigation is unclear.

In a letter obtained by The DNJ, Walker asked District Attorney General Bill Whitesell to perform an independent investigation "to alleviate any undue influence or impropriety of LPD personnel."

Whitesell thought Walker was only asking him to look into the case if the LPD's own investigation revealed criminal wrongdoing on the part of the officers, the district attorney said in a Tuesday email. Whitesell added the Tennessee Bureau of Investigation would be the organization responsible for independent investigations, not the DA's office.

The TBI did a preliminary inquiry about the situation upon Whitesell's request, but did not open a full investigation, said TBI Public Information Officer Josh Devine Tuesday.

Walker disagreed, saying in a Tuesday email that a special agent had gone to La Vergne to interview police officers and review video footage of Ticas' arrest.

Walker said he cannot release information about his own internal review until Whitesell completes his investigation - an investigation Whitesell said he never began.

No estimate was offered of when the LPD's investigation will be complete. Sgt. John Eubank and Officer Louis Powell, the officers in the video, are still on active duty and have clean records, Walker said.

The DNJ submitted an open records request to obtain Eubank and Powell's personnel records, but LPD Sgt. Bob Hayes denied the request, saying the files were part of the department's investigation. The documents could only be released with DA Whitesell's permission, Hayes added.

Details about the internal investigation need to be kept under wraps because they overlap with the police department's criminal investigation concerning Ticas' arrest, Walker said. Until charges are brought against Ticas in court, Walker is prevented from revealing details about the case without permission from the DA.

Regardless of how the investigations go, Ticas' Nashville-based attorney, Ivan Lopez, said the officers involved probably won't be disciplined.

"We have no hopes in that," Lopez said. The attorney said Ticas was not involved in the incident that brought police to the scene and Ticas cooperated with officers by getting on his knees and putting his hands in the air before the altercation.

Ivan Lopez
(Photo:
Submitted
)

Details gathered in the investigation tell a different story, Walker said.

The police chief said he is frustrated the organizations did not cooperate more effectively.

"We should be getting together and coordinating to get this over with," Walker said. "I requested an independent review for that very reason."

Ticas is set to appear Aug. 6 in Rutherford County General Sessions Court on two counts of assault and one charge of public intoxication. Walker said he hopes the details of the internal investigation can be revealed afterward.

Lopez expects the case to be considered at a higher level before a final ruling, he said.

"We're going to fight this case like hell," Lopez said. "This case is just starting to get hot."

Christopher Merchant can be contacted at cmerchant@tnmedia.com and 615-278-5109. Follow him on Twitter @merchant_tweets.